Language: |
VARK SHORTS PREMIUM (STEAM) Individual Agreement
The VARK SHORTS PREMIUM (STEAM) Individual Agreement is created in Japanese and translated into English. The Japanese version is the official document, and the English version is for reference. In the event of any inconsistency between the two language versions, the Japanese version shall prevail.VARK Inc.(hereinafter referred to as "the Company") hereby sets forth the following terms and conditions (hereinafter referred to as "this Individual Agreement") for the use of the service "VARK SHORTS PREMIUM (STEAM)" (hereinafter referred to as "this Individual Software") provided by the Company.
Article 1 (Scope of Application)
- This Individual Agreement applies between the Company and users of this Service (hereinafter referred to as "Users").
- This Individual Agreement applies to all acts of Users when using this Individual Software.
- This Individual Agreement is a specific provision stipulated in the General Terms and Conditions separately established by the Company, and the General Terms and Conditions apply. Matters not stipulated in this Individual Agreement shall be governed by the VARK SHORTS Terms of Use, interpreting "this Software" in the VARK SHORTS Terms of Use as "this Individual Software (defined in the following article)". In case of any conflict between the various provisions and this Individual Agreement, this Individual Agreement shall prevail.
- By using this Individual Software, Users are deemed to have agreed to all contents of this Individual Agreement.
- The Company may revise this Individual Agreement as necessary. In the event of any changes to this Individual Agreement, the Company shall announce the effective date and details of the revised Individual Agreement on the Company's website or by other appropriate means, and notify Users. However, if the changes require the consent of Users under the law, the Company shall obtain the consent of Users in the prescribed manner.
Article 2 (Definitions)
The meanings of the terms used in this Individual Agreement are as defined in the following items. Unless otherwise specified, the meanings of terms in this Individual Agreement not defined in the following items shall be in accordance with the General Terms and Conditions and the VARK SHORTS Terms of Use.- "This Individual Software" refers to the software that allows loading VRM format 3D models called "VARK SHORTS PREMIUM (STEAM)" and create video data (hereinafter referred to as "this Data").
- "Contract" refers to the usage contract for this Service concluded between the Company and Users under this individual Agreement.
Article 3 (Cooling-Off)
As the provision of this Service falls under "mail-order sales," the cooling-off system is not applicable. Therefore, refunds based on the cooling-off system are also not possible.Article 4 (Refunds of fees related to this Individual Software, etc.)
No cancellation, termination, or cancellation of this Individual Software license after the purchase of this Individual software license will be accepted for any reason. No refunds will be made for any fees paid for this Individual Software, regardless of the reason.Article 5 (Usage fees and payment)
- The fees for the use of this Individual Software shall be in accordance with the fee schedule established by the Company at the time the Users purchases the license for this Individual Software.
- Users shall pay the fees for this Individual Software in accordance with the method specified by the Company.
Article 6 (Ownership of Rights)
- Users will only obtain a license to this Individual Software, and all other rights relating to this Individual Software (including, but not limited to, ownership rights) will belong to the Company.
- The copyright of this Individual Software and the rights to inventions, ideas, designs, know-how, and other intellectual property used or implemented in this Individual Software belong to the Company.
- Unless otherwise specified, the copyrights and other rights related to intellectual property as set forth in the preceding paragraph for the portions of this Individual Software customized by the Company for the Users shall belong to the Company.
- Intellectual property rights or other rights in the operating system or software in which a third party has rights that are included in the use environment of this Individual Software are not covered by the license granted under this Agreement.
- Ownership and copyright of this Data belongs to the Users.
Article 7 (License Grant, Permission, etc.)
- The Company grant Users a non-transferable, non-exclusive license to use this Individual Software, subject to your compliance with the terms and conditions of this Agreement.
- Sharing the software with others is a violation of the license for this Individual Software, and we reserve all rights not expressly granted to you in this Agreement.
Article 8 (Restrictions)
- Users may not modify, reverse engineering, decompile or disassemble this Individual Software in any manner.
- Users may not sublicense the use of this Individual Software, assign, rent, or lease any rights to this Individual Software, or transfer, lend, or otherwise dispose of copies of this Individual Software to any third party.
Article 9 (No Warranty)
- This Individual Software is provided “as is” and the Company disclaim all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. Any problems arising from the use of this individual software shall be resolved at the user's own risk and expense.
- Notwithstanding the preceding paragraph, if an error is discovered in this Individual Software, the Company may, at its discretion, provide a corrected version of the Software free of charge.
Article 10 (Response to Troubles, etc.)
- Except as provided in this Individual Agreement, the Company bears no responsibility and has no obligation to respond to any troubles arising between Users or between Users and third parties in relation to this Individual Software.
- The Company do not guarantee the operation of this Individual Software in the User's environment, and the Users agrees to purchase a license for this Individual Software.
- By purchasing a license for this Individual Software, the Users agrees that the Company will not provide any support or warranty for this Individual Software after the purchase of this Individual Software.
Article 11 (Limitation of Liability)
In no event shall the Company be liable for any damages resulting from the use of this individual software.Article 12 (Exclusion of Antisocial Forces)
- Users and the Company represent and warrant that they currently do not fall under any of the following categories: gangsters, gang members, persons who have not passed five years since leaving a gang, quasi-gang members, companies related to gangs, sokaiya racketeers, groups advocating social movements, or special intelligence violent groups, and other equivalent persons (hereinafter collectively referred to as "Gang Members, etc."), and do not fall under any of the following items:
(1) Having a relationship recognized as being controlled by Gang Members, etc.
(2) Having a relationship recognized as being substantially involved in the management by Gang Members, etc.
(3) Having a relationship recognized as improperly using Gang Members, etc., for the purpose of seeking unjust profit for oneself, one's company, or a third party, or to inflict damage on a third party.
(4) Having a relationship recognized as being involved by providing funds or conveniences to Gang Members, etc.
(5) Having an officer or a person substantially involved in the management who has a socially reprehensible relationship with Gang Members, etc.
- Users and the Company promise not to engage in any of the following actions, either by themselves or through a third party:
(1) Violent demanding behavior.
(2) Unreasonable demands beyond legal responsibility.
(3) Threatening behavior or use of violence in transactions.
(4) Spreading rumors, using fraud, or using force to damage the reputation or obstruct the business of the other party.
(5) Other actions equivalent to the preceding items.
- Users and the Company may terminate the contract without any notice if it is discovered that the other party falls under any of the categories of Gang Members, etc., or has engaged in any of the actions in the previous paragraph, or has made a false declaration regarding the representations and warranties in Paragraph 1, regardless of whether there is a fault attributable to themselves.
- Users and the Company confirm and agree that if the contract is terminated pursuant to the preceding paragraph, they will not be liable for any damages incurred by the other party.
Article 13 (Governing Law and Jurisdiction)
- This Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any litigation concerning this Agreement and all rights and obligations of the parties hereto arising under or in connection with this Agreement.
[Established: October 10, 2024]